State v. La Palme
| Citation | 179 A.2d 284,104 N.H. 97 |
| Parties | STATE v. Arthur LA PALME. |
| Decision Date | 22 March 1962 |
| Court | Supreme Court of New Hampshire |
William Maynard, Atty. Gen., and Irma A. Matthews, Law Asst., Concord, for State.
Albert J. Lemieux, Manchester, for defendant.
The motion of the State to remand the case for the failure of the defendant to file a brief or present an oral argument is directed at a practice which has been occasionally condoned, recently criticized (State v. Hazzard, N.H., 179 A.2d 282) and never commended. Rockingham &c. Co. v. Batchelder, 73 N.H. 607, 62 A. 1135; Musgrove v. Parker, 84 N.H. 550, 552, 153 A. 320; Bell Shops, Inc. v. Rosenblatt, 98 N.H. 162, 163, 96 A.2d 204. In view of the provisions of RSA 490:13 that 'no case shall be dismissed for want of a brief' the motion to remand is denied, but as indicated in the Hazzard case, supra, this is a practice which will be discouraged in the future and if necessary corrected by the Court under its power to exercise general superintendence of the judicial process within the state. RSA 490:4; State v. Murray, 104 N.H. ----, 178 A.2d 507.
The defendant's motion to dismiss on the ground that a state police officer was permitted to prosecute and also testify as a witness is denied. This question was decided adversely to the defendant in State v. Urban, 98 N.H. 346, 100 A.2d 897. Furthermore, the statute under which the defendant was prosecuted specifically provides that it is the duty of '* * * police officers to prosecute violations of the provisions of this chapter.' RSA 575:13. See also, Third Report N.H.Judicial Council, pp. 20-32 (1950). The prosecution of misdemeanors by police officers is a practice that has continued in one form or another since 1791 and is still permissible under existing statutes. State v. Urban, supra; RSA 575:13. See State v. Swift, 101 N.H. 340, 143 A.2d 114.
The defendant's exception pertaining to the validity of the complaint is overruled. State v. Farwell, 102 N.H. 3, 4, 148 A.2d 653. The complaint clearly and sufficiently informs the defendant of the date, place and manner in which he subjected cattle in his custody, control and care to unnecessary torture, suffering and cruelty. The contention that the complaint is vague and insufficient is without merit. N.H.Const., Part I, Art. 15th.
The defendant's contention that because he is on bail he is a free man and cannot be required to submit to fingerprinting finds no support in our law. While the defendant is at large on bail he is still constructively in the custody of the law and may be fingerprinted or photographed. 8 Wigmore, Evidence (McNaughton rev. 1961) s. 2265(1); RSA ch. 593; 4 Wharton's Criminal Law and Procedure, s. 1822 (1957); Shannon v. State, 207 Ark. 658, 182 S.W.2d 384. The power of a state police...
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Frese v. MacDonald
...to law enforcement officers, who commonly do so without the approval or guidance of a prosecuting attorney. See State v. La Palme, 104 N.H. 97, 98, 179 A.2d 284 (1962) ; see also N.H. Rev. Stat. § 41:10 (implicitly recognizing, if not expressly authorizing, police prosecutions). As such, ev......
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...for misdemeanors, including criminal defamation, without prior input or approval from such prosecutors. See State v. La Palme, 104 N.H. 97, 98-99, 179 A.2d 284 (1962) ("The prosecution of misdemeanors by police officers is a practice that has continued in one form or another since 1791 and ......
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Frese v. MacDonald, Civil No. 18-cv-1180-JL
...extends to law enforcement officers, who commonly do so without the approval or guidance of a prosecuting attorney. See La Palme, 104 N.H. at 98, 179 A.2d 284. "[T]he prosecution of misdemeanors by police officers is a practice that has continued in one form or another since 1791 and is sti......
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Duguid v. B.K.
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